Indictment — United States v. Nicole Harding, Middle District of Florida (Document 1)

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A sealed grand jury indictment against Nicole Harding in the United States District Court for the Middle District of Florida, Ocala Division, Case 5:24-cr-00033-TPB-PRL, filed March 19, 2024 as Document 1. Count One charges wire fraud under 18 U.S.C. § 1343, alleging a scheme to defraud the SBA from on or about March 28, 2021 through on or about April 14, 2021 by making false representations on a PPP loan application. The charged wire is an electronic ACH deposit of $19,965 from Harvest Small Business Finance to the defendant's Fairwinds Credit Union account on April 14, 2021. The forfeiture section seeks an order of forfeiture for at least $19,965, and the signature block names United States Attorney Roger B. Handberg.

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Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 1 of 7 PagelD 1

FILE

CLERK, U.S. DISTRICT
UNITED STATES DISTRICT COURT Gist nistrict eon

MIDDLE DISTRICT OF FLORIDA OCALA, FLORIDA
OCALA DIVISION

UNITED STATES OF AMERICA

18 U.S.C. § 1343

SEALED

NICOLE HARDING

INDICTMENT

The Grand Jury charges:

COUNT ONE

A. Introduction

At times material to this Indictment:

L. The Coronavirus Aid, Relief and Economic Security (““CARES") Act
was a federal law enacted in or around March 2020 and designed to provide
emergency financial assistance to the millions of Americans who were suffering the
economic effects caused by the COVID-19 pandemic. One source of relief provided
by the CARES Act was the authorization of forgivable loans to small businesses for
job retention and certain other expenses, through a program called Paycheck
Protection Program (“PPP").

Be To obtain a PPP loan, a qualifying business submitted a PPP loan
application, which was signed by an authorized representative of the business. The
PPP loan application required the business (through its authorized representative) to
acknowledge the program rules and make certain affirmative certifications to be

eligible to obtain the PPP loan. In the PPP loan application (Small Business
Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 2 of 7 PagelD 2

Administration (“SBA") Form 2483), the small business (through its authorized
representative) was required to provide, among other things, its: (a) average monthly
payroll expenses; and (b) number of employees. These figures were used to calculate
the amount of money the small business was eligible to receive under PPP. In
addition, businesses applying for a PPP loan were required to provide
documentation confirming their payroll expenses.

3; A PPP loan application was processed by a participating lender. If a
PPP loan application was approved, the participating lender funded the PPP loan
using its own monies. While it was the participating lender that issued the PPP loan,
the loan was 100% guaranteed by the SBA. Data from the application, including
information about the borrower, the total amount of the loan, and the listed number
of employees, was transmitted by the lender to the SBA in the course of processing
the loan.

4. PPP loan proceeds were required to be used by the business on certain
permissible expenses, to include payroll costs, interest on mortgages, rent, and
utilities. The PPP allowed the interest and principal on the PPP loan to be entirely
forgiven if the business spent the loan proceeds on these expense items within a
designated period of time and used a defined portion of the PPP loan proceeds on
payroll expenses.

2. NICOLE HARDING was a resident of the Middle District of Florida.

She created and maintained a bank account with Fairwinds Credit Union.

2
Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 3 of 7 PagelD 3

6. Fairwinds Credit Union was a financial institution that provided,
among other services, bank accounts to its customers. Fairwinds Credit Union
allowed for its customers to complete wire transfers to and from other financial
institution. Wire transfers occur when the originating customer instructs its financial
institution to electronically transfer funds to a beneficiary customer. Wire transfers
allow money to be moved quickly and securely without the need to exchange cash.
They allow two parties to transfer funds even if they are in different geographic
locations. A wire transfer facilitates money transfers electronically across a network
of banks or transfer agencies around the world. An Automated Clearinghouse
Services (“ACH”) transaction is a wire transfer from one bank to another bank. All
ACH transfers passed through the Federal Reserve Bank. The state of Florida did
not have a Federal Reserve bank. Fairwinds Credit Union had branches in the
Middle District of Florida and elsewhere in Florida.

B. The Scheme and Artifice

‘Ks Beginning on or about March 28, 2021, and continuing through on or
about April 14, 2021, in the Middle District of Florida and elsewhere, the defendant,
NICOLE HARDING,
knowingly devised and intended to devise a scheme and artifice to defraud the SBA,

and to obtain money by means of materially false and fraudulent pretenses,

representations, and promises.
Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 4 of 7 PagelD 4

€. Manner and Means of the Scheme and Artifice

8. The manner and means by which the defendant sought to accomplish

the scheme and artifice include, among others, the following:

a. It was part of the scheme that the defendant electronically
submitted a Small Business Loan application for a PPP loan.

b. It was further part of the scheme that the defendant made false
representations on the loan applications.

C. It was further part of the scheme that the defendant received
proceeds from the loan and grant through electronic wire transfers that affected
interstate commerce.

D. Execution of the Scheme and Artifice

9. On or about the dates set forth below, in the Middle District of Florida
and elsewhere, the defendant,
NICOLE HARDING,
for the purpose of executing the aforementioned scheme and artifice, knowingly and
intentionally transmitted and caused to be transmitted by means of wire
communication in interstate and foreign commerce the writings, signs, signals,
pictures, and sounds described below, each transmission constituting a separate

count:
Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page5 of 7 PagelD 5

Electronic ACH deposit in the amount of
$19,965 from Harvest Small Business
Finance to the defendant’s Fairwinds Credit
Union account ending in 0814.

April 14, 2021

In violation of 18 U.S.C. § 1343.

FORFEITURE

l. The allegations contained in Count One are incorporated by reference
for the purpose of alleging forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28
U.S.C. § 2461(c).

2. Upon conviction of a violation of 18 U.S.C. § 1343, the defendant shall
forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. §
2461(c), any property, real or personal, which constitutes or is derived from proceeds
traceable to the violation.

3 The property to be forfeited includes, but is not limited to, an order of
forfeiture for at least $19,965, which represents the proceeds obtained from the
offense charged in Count One.

4. If any of the property described above, as a result of any act or omission
of the defendant:

a. cannot be located upon the exercise of due diligence;
b. has been transferred or sold to, or deposited with, a third party;
t. has been placed beyond the jurisdiction of the Court;

d. has been substantially diminished in value; or

5
Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 6 of 7 PagelD 6

a has been commingled with other property which cannot be
divided without difficulty,
the United States shall be entitled to forfeiture of substitute property under the

provisions of 21 U.S.C. § 853(p), as incorporated by 28 U.S.C. § 2461(c).

A TRUE BILL,

Foreperson

ROGER B. HANDBERG
United States Attorney

Vv

Harinah J. Nowalk
Assistant United

By:

Robert E. Bodnar, Jr.
Assistant United States Attorney
Chief, Ocala Division
FORM OBD-34
March 24

Case 5:24-cr-00033-TPB-PRL Document1 Filed 03/19/24 Page 7 of 7 PagelD 7
No. 5:24-cr-

UNITED STATES DISTRICT COURT
Middle District of Florida
Ocala Division

THE UNITED STATES OF AMERICA

VS.

NICOLE HARDING

INDICTMENT

Violations: 18 U.S.C. § 1343

A true bill,

Filed in open court this 19th day

of March 2024.

/Glerk

Bail $

GPO 863 525


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